Controversial Bill On Tort Reform Advances

House Committee Votes To End Joint, Severable Liability.

TALLAHASSEE — A deeply divided state House committee Wednesday approved a measure that would dramatically change the way civil lawsuits work in Florida.

The House Judiciary Committee voted 7-5 to eliminate what's known as "joint and severable liability," the doctrine that says a deep-pocketed company can be forced to pay most or all of the damages in a civil lawsuit, even if it is only partially to blame for the accident.

The debate over whether to eliminate the long-established legal principle is a bitter showdown between two of Florida's most well-financed interest groups -- businesses and trial lawyers.

Business groups call joint and severable liability unfair, and they say it encourages frivolous lawsuits. Lawyers say it ensures that victims of negligence won't wind up having to pay out of their own pockets when one defendant cannot afford its share of costs such as medical bills.

Several legislators complained publicly that they had been threatened with the prospect of retaliation during this year's elections depending on how they voted on the issue.

Scott Carruthers, executive director of the Academy of Florida Trial Lawyers, denied any threats were made and said, "There was no mistaking how serious this issue was to the people we represent and the taxpayers."

Rep. Kevin Ambler of Lutz, one of two Republicans who voted against the measure, cited a letter sent earlier this week by the Florida Chamber of Commerce warning legislators that their vote on the bill would count double when the business group compiles its annual "report card."

Jason Garcia can be reached at jrgarcia@orlandosentinel.com or 850-222-5564.

FOR THE RECORD - CORRECTION PUBLISHED SUNDAY, JANUARY 29, 2006.A headline and article Thursday on Page 10B about a bill that would change the way lawsuits work in Florida incorrectly described the proposal. It would eliminate what is known as "joint and several liability."